The defendant was arrested at his Hingham home after another motorist allegedly observed a car to be operating erratically and then following that man home. The other motorist told police that the man pulled up to his house and yelled at his 3 year old son who was in the front yard. The father of the boy reportedly approached the motorist, who he claimed smelled of alcohol and appeared confused.

When the defendant left the area, a neighbor got into his car and followed the defendant to his home. Police responded to the home and allegedly found a half-empty bottle of alcohol in the car.

Massachusetts district attorneys prosecute drunk driving cases very aggressively, particularly those involving subsequent OUI / DUI offenders and the penalties involved upon conviction are very stiff.

A defendant convicted of OUI / DUI 5th or Subsequent Offense faces up to 2.5 years in the House of Corrections or up to 5 years in state prison; a lifetime revocation of his driver’s license without the possibility of a hardship license; and the district attorney may also seek forfeiture of the vehicle.

According to the Suffolk County District Attorney’s Office, the defendant was driving a rented truck when he got into an accident with another car in the Boston’s South End. Prosecutors allege that the defendant fled the scene but the other vehicle followed him to a gas station.

Boston Police Officers responded and when the defendant exited his car, police observed the man had an orthopedic walking boot on the passenger’s seat. Inside the boot, Boston police allegedly seized a a bottle of chocolate whipped creme flavored vodka.

The defendant was arrested following his refusal to submit to field sobriety tests and a chemical breath test.

At his arraignment, prosecutors represented that the defendant had been previously convicted eight other times. Following his last conviction in 2007, the defendant was sentenced to a sentence of 2.5 years in the House of Corrections.

An OUI / DUI 5th or Subsequent Offense carries the potential for imprisonment of not less than 2.5 years and up to 5 years in state prison. In addition to a prison sentence, a person convicted of drunk driving five or more times also faces a lifetime revocation of his driver’s license.

Additionally, as in this case, when a person is charged with drunk driving with so many prior DUI / OUI conviction, it is common that prosecutors will seek to have him/her held without bail pursuant the ‘dangerousness’ statute. If the government moves for a dangerousness hearing, it is the government’s burden to prove that there are no reasonable conditions of release that would ensure the safety of the defendant and/or the public.

Also, when it comes to a prosecution involving multiple prior offenses, the prosecutor also has to prove that the the person on trial is the same person that was previously convicted of those prior OUI / DUI charges. This might sound simple, but it becomes exponentially complicated and sometimes difficult to prove. Common issues in challenging prior convictions could be circumstances involving where the prior convictions are several years or decades old; where the person has a common name; or the prior files do not contain any booking photos of the person.

As such, it is not that uncommon for a person to have been tried for OUI / DUI, convicted, but the government was unable to prove the prior convictions. A defendant in this scenario would only have been convicted of and subject to the penalties of a first-offender DUI / OUI.

William Doten, 65, was arrested by the Avon Police Department when his pickup truck broke down. When police officers responded to the area, they allegedly detected a smell of alcohol in the vehicle and asked the defendant to exit and perform a series of Field Sobriety Tests, which he allegedly failed.

A 5th or Subsequent OUI / DUI in Massachusetts carries penalties of imprisonment of not less than 2.5 years and up to 5 years in state prison. In addition to prison, a person convicted for this criminal drunk driving offense also faces fines of several thousand dollars; lifetime revocation of his/her driver’s license without the possibility of a hardship license; and cancellation of the vehicle’s registration plates. The district attorney’s office may also seek forfeiture of the vehicle in some cases.

If ever you are pulled over are questioned by the police regarding a possible driving under the influence, it is extremely important to know your rights. For instance, it is your right to refuse the Breathalyzer Test if you choose too, though you should know that there are enhanced license suspension implications if you do so.

Additionally, most people aren’t even aware that they also have the right to refuse to submit to Field Sobriety Tests. Most police officers won’t even tell you that you can refuse these ridiculous tests. Although statistically they are no better than 70% or so accurate even if performed under ideal conditions, it is extremely rare that the police will even acknowledge that you passed the test at all.

According to the Wareham Police Department, an anonymous caller reported that the man was driving and that he was under the influence of alcohol. Officers reportedly located the driver and pulled him over. The driver reportedly failed a series of Field Sobriety Tests and was arrested. The driver reportedly had his last drunk driving conviction in 2004, and the Massachusetts Registry of Motor Vehicles had his license suspended for being a habitual traffic offender.

A conviction for the Operating Under the Influence of Alcohol or Drugs After License Suspended for DUI / OUI is a minimum-mandatory commitment to the House of Corrections for not less than 1 year and up to 2.5 years, as well as a loss of the person’s driver’s license for 1 year. By statute, however, this sentence must run ‘consecutively’, or ‘from and after’ any penalty for the underlying OUI / DUI conviction.

According to the Massachusetts State Police, the Plymouth man was stopped in Route 3 for allegedly failing to stay in his lane. When the car was stopped, the state trooper reportedly noticed the operator to have bloodshot eyes, slurred speech, and could allegedly smell alcohol on his breath.

The Massachusetts State Police additional reported that this operator’s driver’s license had been revoked for 10 years for a prior OUI / DUI offense.

OUI / DUI 5th or Subsequent Offense in Massachusetts is punishable by imprisonment for not less than 2.5 years and up to 5 years in state prison. Additionally, a conviction for a 5th or subsequent drunk driving charge will result in a lifetime revocation of your driver’s license without the possibility of obtaining a hardship or ‘cinderella’ license.

According to Massachusetts State Police, Converse was found along the side of the road on Route 128 passed out in the driver’s seat with the car running. State troopers allege that Converse smelled an odor of alcohol on his breath, and that he had bloodshot and glassy eyes.

Apparently, when officers ran a check of the driver’s license status, it was discovered that it was suspended because he was a ‘habitual offender’ and that he was also wearing an ankle monitoring bracelet.

Notably, it appears that Massachusetts State Police did not make any observations of any impaired operation, such as any traffic violations, etc. …and without any additional evidence, such as Field Sobriety Tests and/or an Alcohol Breath Test, it appears that the OUI/ DUI charge is extremely weak for the prosecution.

Simply allegations of the smell of alcohol, even a strong odor, and bloodshot eyes, without more evidence, would arguably be difficult to prove, beyond a reasonable doubt, that he was operating under the influence of alcohol.

Even in circumstances, such as here, where the car was parked, one can still be charged with OUI / DUI. The Massachusetts Supreme Judicial Court has contemplated this issue and decided that an intoxicated driver who only puts the key in the ignition, even without turning the car on, can still be charged with Operating Under the Influence of Alcohol or Drugs.

Under Massachusetts DUI Laws, a car is in “operation” anytime a person intentionally does an act or makes the use of any mechanical or electrical agency that alone, or in sequence, sets in motion the motive power of the car. Even turning the key to the “on” position could constitute part of the sequence that puts the engine in motion, and is therefore “operation”.

According to the Massachusetts State Police, Diaz was stopped in Chelsea after he allegedly committed one or more traffic violations. Police allege that he also failed several Field Sobriety Tests.

In many alleged drunk driving cases, the police will almost always cite traffic violations as the basis for conducting a motor vehicle stop and as evidence of impaired operation. Just because there was a traffic violation or two, such as speeding or red light violation for example, does not necessarily mean that you have no defense to DUI charges.

In many cases, the alleged traffic violations can easily be attributable to other factors aside from impaired operation, such as the late hour, fatigue and/or other distractions in the vehicle.

Even where you may have submitted to and alleged failed Field Sobriety Tests, that may not always be fatal to your defenses either. Inherently, Field Sobriety Tests are fallible in many respects, and are almost never administered properly or under the optimum conditions they were designed for.

According to the Suffolk County District Attorney’s Office, McCue was alleged speeding on Storrow Drive in Boston when Massachusetts State Police attempted to pull him over. McCue reportedly pulled over on the Harvard Bridge heading towards Cambridge, but then allegedly sped away and rear-ended a taxi driver.

When the car was finally stopped, the Massachusetts state trooper alleges that McCue refused to roll down his window, at which point the trooper smashed the window with his flashlight where he was immediately arrested.

Following being booked at the Massachusetts State Police barracks in Boston, McCue allegedly admitted to have drunk 3 glasses of wine; allegedly failed 3 Field Sobriety Tests; and also submitted to a Breathalyzer Test, with readings of 0.24%, 0.15% and 0.24%.

DUI / OUI 5th Subsequent Offense carries significant penalties in Massachusetts, including imprisonment for not less than 2.5 years and up to 5 years; lifetime revocation of your driver’s license without the possibility of a hardship license; cancellation of the vehicle’s registration and possible forfeiture of the car.

According to police, state police received calls concerning an accident on 495 in Foxboro. The callers alleged that man driving a truck struck a 2011 Kia Sorrento and then fled on foot through the woods.

Massachusetts State Police who had responded to the scene of the accident in Foxboro ran a check through the Registry of Motor Vehicles and found that the vehicle was registered to Howard Stockbridge. After witnesses reportedly identified his photo from the Registry of Motor Vehicles, he was subsequently located and arrested.

One of the key issues involved in this case is challenging the propriety of the alleged identification of the operator. In cases such as these, where the police conduct a purported identification procedure yet disclose only one photo to the witness for identification, these circumstances certainly raise a question of whether the identification procedure was fairly conducted.

In all Massachusetts criminal cases, identification of the alleged perpetrator is an essential element. The government in every case has the burden of proving, beyond a reasonable doubt, that the defendant is the individual who committed the alleged crime. Therefore, if an identification procedure is conducted unfairly, or is unduly suggestive in any way, would most likely increase the likelihood of a mistaken identification or conviction.

The issue of a possible mistaken identification is even more pronounced in the case of a DUI / OUI 5th or Subsequent Offense where the minimum-mandatory penalty is imprisonment of not less than 2.5 years and up to 5 years in state prison.

According to the Boston Police Department, officers reportedly responded to a crash in Roslindale on Washington Street that involved a 72 year old West Roxbury woman who had gotten rear-ended by an SUV, allegedly driven by Pastrana.

Upon arrival, officers allegedly noticed a strong odor of alcohol on his breath and reported that he had ‘glassy eyes’. Although Boston Police admit that Pastrana denied having consumed any alcohol, they then allege that he later told them that he had consumed alcohol at a local liquor store.

As they also do, the Boston Police alleged that Neftali Pastrana failed a series of Field Sobriety Tests, including the Alphabet Test, which notably is not a standardized recognized test.

A 5th Subsequent DUI / OUI Offense in Massachusetts is punishable by imprisonment for not less than 2.5 years and not more than 5 years in state prison. In addition, a person convicted of a 5th or subsequent drunk driving offense also faces a lifetime revocation of their driver’s license, without the possibility of ever obtaining a hardship license; and the district attorney’s office may also seek to forfeit the person’s vehicle.